Rajasthan High Court Enhances Compensation for Homemakers in Motor Accident Case
Court Recognizes Homemakers' Economic Value, Orders Increased Compensation for Deceased Homemaker's Family
In a landmark decision, the Rajasthan High Court has significantly increased the compensation awarded to the family of a deceased homemaker in a motor accident claim, emphasizing the need to recognize the economic value of homemakers' contributions. The judgment, delivered by Dr. Nupur Bhati, J., in the case of Lrs of Purakh Singh v. Narendra Singh, highlights the Court's effort to align compensation for homemakers with established precedents from the Supreme Court of India.
The case arose from a tragic accident on November 3, 2011, when Smt. Kamla Kanwar was fatally injured by a rashly driven Bolero Jeep. Initially, the Motor Accidents Claim Tribunal, Jodhpur, awarded a compensation of Rs. 4,33,000 to the victim's family, but this amount was contested by the appellants for being inadequate.
The High Court, upon reviewing the appeal, noted several inadequacies in the initial compensation calculation. Importantly, the Court adjusted the monthly income of the deceased homemaker to Rs. 4,650, based on minimum wages for skilled labor at the time of the incident, and added 40% for future prospects, following the Supreme Court's guidelines in the case of National Insurance Co. Ltd. v. Pranay Sethi.
Furthermore, the Court emphasized that the original award failed to compensate under non-pecuniary heads such as loss of consortium and loss of estate. Therefore, the enhanced compensation now includes Rs. 18,150 each for funeral expenses and loss of estate, and Rs. 48,400 for loss of consortium, leading to a total compensation of Rs. 7,48,720.
Dr. Nupur Bhati, J., in the judgment, underscored the judiciary's consistent recognition of the invaluable contributions homemakers make to their households and the economy. Citing precedents, the Court reiterated that homemakers' services must be assigned pecuniary value in motor accident claims.
The enhanced compensation reflects a progressive approach towards valuing homemakers' roles, setting a precedent for future cases involving similar circumstances. The decision is expected to have far-reaching implications for how homemakers' contributions are assessed in legal contexts, aligning with the judiciary's broader commitment to justice and equality.
Bottom Line:
Compensation for homemakers in motor accident claims must account for non-pecuniary damages and future prospects, valuing their contribution in household and agricultural activities.
Statutory provision(s): Motor Vehicles Act, 1988 Section 173
Lrs of Purakh Singh v. Narendra Singh, (Rajasthan) : Law Finder Doc Id # 2787006
